Allahabad High Court Imposes Costs On Dainik Jagran's Publisher For Denying Wage Benefits To Employees

The Allahabad High Court on Tuesday imposed a cost of Rs. 10,000 on Jagran Prakashan to be paid to each employee who has been denied benefits of the Majithia Wage Board recommendations. Justice Pankaj Bhatia found that the petitioner company had preferred an appeal and a revision petition after the initial judgment imposed a cost on the company and that the issues arising in both writ...

“My Career As A Judge Began With Lawyers' Strike And It Ends With Their Strike”: Justice KJ Thaker Bids Farewell To Allahabad High Court

The Allahabad High Court on Wednesday held a full court reference on the occasion of superannuation of Dr. Justice Kaushal Jayendra Thaker.In view of the state-wide strike by the advocates in UP, Justice Thaker recalled that even when he began is career as a Judge, a lawyers' strike was going on. “My career as a judge began with a strike of the lawyers, my career end as a judge of the...

Constitutional Courts Should Be Extremely Cautious While Entertaining PILs: Allahabad High Court Dismisses PIL For Lack Of Proper Credentials

The Allahabad High Court recently dismissed a public interest litigation on the ground that the petitioner had failed to establish his credentials as per Sub-Rule (3-A) of Rule 1 of Chapter XXII of the Allahabad High Court Rules (Rules of Court, 1952). Justice Syed Qamar Hasan Rizvi placed reliance on various Supreme Court judgments to hold that the public interest litigation has...

Mutual Divorce | Bar U/S 13-B Procedural, Will Not Affect Substantive Right Of Parties That Settle Amicably: Allahabad HC Waives Cooling-Off Period

The Allahabad High Court has recently waived off the cooling-off for a married couple as they had mutually filed for dissolution of marriage under Section 13-B of Hindu Marriage Act, after entering a Memorandum of Understanding amicably. Court said the substantive right of the two parties that settle their conflict amicably must not be interfered with citing procedure.A bench comprising...

Interim Maintenance | Minimum Amount Payable To Estranged Wife From Date Of Claim To Preserve Her Life & Liberty With Dignity: Allahabad HC

The Allahabad High Court while adjudicating an appeal against interim maintenance awarded to the wife by the Family Court, has held that the minimum amount must be paid to the estranged wife from the date of the claim to preserve her life and liberty with dignity. The Bench comprising Justice Saumitra Dayal Singh and Justice Rajendra Kumar-IV has upheld the interim maintenance of Rs....

‘Small Technical Fault For Not Carrying E-Way Bill’: Penalty Set-Aside By Allahabad High Court In Absence Of Any Other Discrepancies

The Allahabad High Court has set aside a penalty order under Section 129 of the GST Act on the ground that the missing E-way bill is a minor technical fault and does not prove intention to evade tax in the absence of any other discrepancies. Petitioner, in ordinary course of business, sent five consignments for which five invoices were issued. The goods were being transported from Gwalior...

Hathras Crime| 'Victim's Family Members Claim UP Govt Yet To Provide Them Job As Per HC's Order': Amicus Informs Allahabad HC

The Allahabad High Court has been informed that as per the Hathras Gang Rape and Murder victim's family, the Uttar Pradesh government is yet to comply with HC's July 2022 order of providing employment to one of them (family members) and to relocate them to some other place in the state.The submission was made last week by the Amicus Curiae appointed in the Suo moto case registered over...

Charge Once Framed Must Lead To Acquittal/Conviction, Section 216 CrPC Doesn’t Permit Deletion Of Same: Allahabad High Court

The Allahabad High Court has recently observed that a charge, once framed, must lead to either acquittal or conviction at the conclusion of the trial as Section 216 of CrPC does not permit the deletion of the charge. The bench of Justice Ram Manohar Narayan Mishra observed thus while dismissing a revision plea filed by one Dev Narain challenging an order passed by Additional District...

Gyanvapi-Kashi Title Dispute: Mosque Committee Objects To Transfer Of Cases To Allahabad HC's CJ-Bench After Verdict Reserved By A Different Bench

The Anjuman Intezamia Masjid committee (which manages Gyanvapi Mosque in Varanasi) today objected to the transfer of Gyanvapi Mosque-Kashi Vishwanath Temple title dispute cases to the bench of Chief Justice, almost a month after the verdict in the cases was reserved by a different bench of the High Court.When the matter was taken up by Chief Justice Pritinker Diwaker, Senior Counsel SFA...

Allahabad High Court Weekly Round-Up: August 21 to August 27, 2023

NOMINAL INDEX Sunita Sharma and Another vs. State of U.P. and 3 Others 2023 LiveLaw (AB) 271 Paltoo Ram Yadav vs. State Of U.P. And 6 Others 2023 LiveLaw (AB) 272 M. Devaraj vs. Rakesh Kumar Sharma And 5 Others 2023 LiveLaw (AB) 273 Vishwajeet vs. State Of U.P. Thru. Secy. Deptt. Of Home Lko 2023 LiveLaw (AB) 274 Krishna Kumar vs. State Of U.P.Thru Prin. Secy.Home...

Tribunal Tried To Blow Hot And Cold At The Same Time: Allahabad High Court Upholds Levy Of Entry Tax

The Allahabad High Court recently set aside an order of the Commercial Tax Tribunal, Ghaziabad on the ground that it had made contradictory observations in its order regarding purchases made by the assesee. “The Tribunal, by the impugned order, has tried to blow hot & cold at the same time. It may further be observed that the Tribunal, while recording the finding under the Entry Tax...

Applications Reaching Recruiter After Deadline Can't Be Considered Even If Delay Caused By Post Office: Allahabad High Court

The Allahabad High Court has held that though the post office acts as an agent of the recruiter, application forms must reach the concerned authority on or before the last date of submission.Justice Vikas Budhwar added that a recruiter cannot be made to wait indefinitely on the pretext that the form was sent to the post office on time.“Respectfully following the judgments in the case of...